HomeMy WebLinkAboutORD-2011-028 Budget Ordinance Amendment #1B for $192,243 Link Center Geothermal HVACoR p_ ,R00 - oaB
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 8, 201 -1
Action Agenda
Item No. 8" C
SUBJECT: Bid Award: Link Center Geothermal HVAC and Approval of Budget
Amendment # 1 -B
DEPARTMENT: Asset Management Services PUBLIC REARING: (Y /N) No
(AMS), Financial Services
ATTACHMENT(S):
A) Certified Bid Tabulation
B) Contract
PURPOSE: To consider:
INFORMATION CONTACT:
Pam Jones, AMS, (919) 245 -2652
Jeff Thompson, AMS, (919) 245 -2658
Michael Talbert, Financial- Services,
(919) 245 -21 -53
David Cannell, Financial Services,
(919) 245 -265 -1
• Awarding the -bid _and approving a construction contract to Warren Hay Mechanical,
Hillsborough NC, in the amount of $679,326 for the installation of the geothermal HVAC
system at John M. Link, Jr. Government Services Center to replace the existing system;
• Approving Budget Amendment #1 -B for $192,243;
• Authorizing the Chair to sign the contract on behalf of the Board of County
Commissioners, subject to final review by the County Attorney; and
• Authorizing the Manager to execute individual change orders within the limit of his
authority ($250,000) up to the extent of the project budget.
BACKGROUND: On May 17, 2011, the BOCC reviewed the analysis and schematic probable
cost estimate for the installation of geothermal wells and related HVAC equipment for the Link
Government Services Center. The BOCC also authorized staff to proceed- with formal
Construction Document preparation and bidding of the project.
Competitive bids were opened on July 27, 2011, (see Attachment A, "Certified Bid Tabulation ").
After a period of review of the bid documents by the County's engineering consultant, Reece,
Noland & McElrath, Inc., Warren Hay Mechanical was determined to be the lowest responsive,
responsible bidder for this project.
Bids received were in excess of the schematic cost estimate provided to the BOCC on May 17,
2011. Staff conducted a rigorous value engineering exercise with the Warren Hay and
successfully eliminated $94,300 in costs to the project without sacrificing the quality or breadth
L
of the designed installation. The system is projected to save the County 30 -35% in energy costs
annually with drastically lower maintenance costs and quieter, more environmentally
sustainable operations. While the geothermal system's initial cost is 10% higher than
conventional systems, it will pay for this premium within 8 years of operation in saved energy
costs. Over its 50 year expected life, the system is projected -to save the County approximately
$600,000 in energy, maintenance, and equipment replacement costs.
The timeline presented to the BOCC on May 17th by which the project would be delivered is as
follows:
TASK PROPOSED END BY
BEGINNING DATE
DATE.
13OCC Action: Link Center Bid Award 9/8/11 918111
Link Center Well Field Installation est. 3 month duration 10/1/11 12/31/11
Link Center Equipment - Installation est. 3 month duration 1/1112 3/31/12
The Link Upfit project was original planned for $1,100,000 which included: BOCC meeting
space, HVAC upgrade, restroom renovations, lighting upgrades, multimedia infrastructure, and
renovations. Renovations have been -completed for Human Resources, Financial Services, the
County Attorney's Office and the Manager's Office. There were two funding sources for the
original project — $425,000 of Debt Financing and $675,000 transferred from the General Fund.
The $425;000 to be financed when the project was bid has never been sold. On September 21.,
2010, the Board decided not to go forward with the project as presented.
Link Center Upfit
Budget
Actual as of
9/21/10
REVENUES
Debt Financing
Transfer From the General Fund
$ 425,000
675,000
$675,000
Total Revenues as of 9/21/10
$1,100,000
$675,000
EXPENDITURES
Professional Services
Contrction
$ 100,000 1
1,000,000
$ 58,589
443,222
FAvail'abl'e otal Ex enditures as of 9/21/10
$1,100,000
$ 501,811
Funds 9/21/10
$ 173,189
On April 19, 2011 the Board approved a budget amendment accepting a Federal Energy
Efficiency Community Development Block Grant of $177,675 for the design and construction of
a geothermal HVAC project. The geothermal project will provide HVAC for the entire Link
Facility.
Funding for Link Center Upfit:
Available Funds 9/21/10 $ 173,189
EECB Grant approved 4 /19/11 177,675
Transfers approved -in CIP from other Projects:
HVAC Project 90,777
ADA Compliance 83,942
Building Entry 75,000
Available Funds- . $ 600,583
FINANCIAL IMPACT: $600,583 is available as part of the FY2011 -12 Capital Improvement
Project budget, which includes $177,675 in grant funding awarded -to Orange -County through
the EECBG program within the American Recovery and Re- investment Act ( "ARRA "). The
available funding falls short by $.192,243. Budget Amendment #1 -B below provides details of
the proposed budget amendment.
Revenues for this proiect:
Appropriated for this proiect:
FY2010 -11
Amendments
Budget
Amendment
# 1 -B
FY 2011 -12
Revised
Debt Financing
$ 425,000
$ - 30,000
$ 425,000
Federal EECBG Grant
177,675-
128,743
177,675
Transfer from General- Fund
675,000
$192,243
867,243
Total Project Revenues
$1,277.675
$192,243
$1,469,918
Appropriated for this proiect:
RECOMMENDATION(S): The Manager recommends that the Board:
1.) Award the bid and approve a construction contract to Warren Hay -Mechanical of
Hillsborough, NO in the amount of $679,326 for the installation of the geothermal HVAC
system at Link Government Services Center to replace the existing -system;
2.) Approve Budget Amendment #1 -B for 192,243;
3.) Authorize the Chair to sign the contract on behalf of the Board of County
Commissioners, subject to final review by the County Attorney; and
4.) Authorize the Manager to execute individual change orders within the limit of his
authority ($250,000) up to the extent of the project budget.
Prior Years
Amendment
Budget
Amendment
#1 -B
FY 2011 -12
Revised
Professional Services
$ 100,000
$ - 30,000
$ 130,000
Construction
1,177,675
128,743
1,306,418
Other
33,500
33,500
Total Project Appropriation
$1,277,675
$ 192,243
$1,469,918
RECOMMENDATION(S): The Manager recommends that the Board:
1.) Award the bid and approve a construction contract to Warren Hay -Mechanical of
Hillsborough, NO in the amount of $679,326 for the installation of the geothermal HVAC
system at Link Government Services Center to replace the existing -system;
2.) Approve Budget Amendment #1 -B for 192,243;
3.) Authorize the Chair to sign the contract on behalf of the Board of County
Commissioners, subject to final review by the County Attorney; and
4.) Authorize the Manager to execute individual change orders within the limit of his
authority ($250,000) up to the extent of the project budget.
Z
O
D
m
Q
H
N
w
� W
Q
Z.
00
d-
-O
CD
co
�+ V
CD
Z
E
L a
> o
0
C9 .°�
C
_1 =
• .N
Q.
0
0,
N
V
W
p
r
C L O
O
0 N
-0
O V
C
d �
ao
= N
—1
W
W
LU
ao >
Z Q W
U U W
W W a: -, - N
CL (L m
"
v N
C [fl CQ j
cu c„
t L
CIL
W
00
m m
W W
mm
00
J J
v-
't3
d
V
N
.a
Q1
w+
y-
O
C
O
rte+
N
Q
d
L
w
L
v
ri
d
L
.F�
CU
N
N
O
s
W
a
C
c4
w
Y
tV
c
d
O.
N
N
O
C
d
N
.O
E
U)
O
L
O
v_
m
ca
C
IM Q)
Q.
C N
W O
C)
e-
m v
OL.
r' 'c
Q :3
4
A 4 "n,-_4
NORTH CAROLINA
[Departmental Use Only]
TITLE #30035 Link Geothermal Install
FY FY2011 -12
CONSTRUCTION AGREEMENT-UNDER $1,000,000.00
ORANGE COUNTY
THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the 19th
day of September, 2011, by and between Warren Hay Mechanical Contractors, (hereinafter called the
"Contractor "), and Orange County, a body politic and a. political subdivision of the State of North
Carolina, (hereinafter called the "Owner ").
WITNES SETH:
That the - Contractor and the -Owner, for the consideration herein named, agree as follows:
1. CONTRACT DOCUMENTS; PRIORITY
The Contract Documents consist of this Agreement, the Request for Proposals, Proposal,
Construction Drawings and Written Specifications. The - Contract Documents form the Contract and are
fully incorporated- herein. In the event of any inconsistency between or among the Contract Documents
the Contract Documents shall be interpreted in the following order of priority:
a. This Agreement_
b. Designer Approved Bulletins and/or Field Orders.
c. Request for Proposals and addenda thereto.
d. Proposal.
2. SCOPE OF WORK
The Contractor shall furnish and deliver all of the materials, and perform all of the work
required by this Agreement within the time period stipulated in a written Notice -to- Proceed to be
executed by the Contractor and Owner and in accordance with the following enumerated documents,
which are made a part hereof as if fully contained herein:
a. Construction Drawings prepared by Reece, Noland & McElrath, Inc. (Sheet set including
CO.1, MO.1, M1.1; M1.2, M2.1, M3.1, M4.1, M5.1, M5.2, E1.1, E2.1, E3.1 dated
6/24/2011)
b. Written .specifications prepared by the project engineer.
c. Bid proposal dated June 27, 2011 which fully describes the work to be performed, such
work (hereinafter called the "Work ").
d. Related documents listed under Section 1 above.
Revised December 2010 1
5
3. TERM AND SCHEDULING
a. The Contractor agrees to commence work pursuant to-the written Notice -to Proceed.
b. The Contractor agrees to complete substantially all Work included by March 31, 2012.
c. Time is of the essence with respect to all dates specified in the Contract Documents as
Completion Dates.
d. The -Contractor shall perform the Work in the time, manner and form required by the
Contract Documents and as stipulated in a written Notice -to- Proceed to be executed by the
Contractor and Owner.
e. It is expressly understood that the Owner will employ other contractors to perform work as
a part of the Project whose work will be performed simultaneously and sequentially with
the performance of the Work by the Contractor. It shall be necessary for the Contractor to
- coordinate its activities with such other contractors, particularly with respect to access to
work areas, storage of materials and other common facilities.
f. Should the Owner determine that the Contractor is behind schedule Owner may require, at
.no additional cost to the Owner, the Contractor to -expedite and accelerate its efforts,
including providing additional resources and working overtime, as necessary, to perform
the Work in accordance with the approved project schedule.
4. STANDARD OF CARE
a. The Contractor shall exercise reasonable care and diligence in performing the Work in
accordance with the highest generally accepted standards of this type of Contractor
practice throughout the United States and in _accordance with applicable federal, state and
local laws and regulations applicable to the performance of these services. Contractor is
solely responsible for the professional quality, accuracy and timely completion and/or
submission of all work.
b. The Contractor shall not load or permit any part of the Work to be loaded with a weight
that will endanger its safety, intended performance or configuration.
c. Contractor shall be responsible for all errors or omissions, in the performance of the
Agreement. Contractor shall correct any and all errors, omissions, discrepancies,
ambiguities, mistakes or conflicts at no additional cost to the Owner.
d. Contractor is an independent contractor of Owner. Any and all employees of the
Contractor engaged by the Contractor in the performance of any work or services required
of the Contractor under this Agreement, shall be considered employees or agents of the
Contractor only and not of the Owner, and any and all claims that may or might arise under
any workers compensation or other law or contract on behalf of said employees while so
engaged shall be the sole obligation and responsibility of the Contractor.
e. Contractor agrees that Contractor, its employees, agents and its subcontractors, if any, shall
be required to comply with all federal, state and local antidiscrimination laws, regulations
and policies that relate to the performance of Contractor's services under this Agreement.
Revised December 2010 2
f If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Contractor represents that it and/or its employees,
agents and subcontractors - engaged in such activities possess =such licenses, certifications,
or credentials and that such licenses certifications, or credentials are current, active, and
not in a state of suspension or revocation.
5. PAYMENT & TAXES
a. The Owner hereby agrees to" pay to the Contractor for -the faithful performance of this
Agreement, and the Contractor hereby agrees to perform all of the Work for a sum not -to-
exceed Six .Hundred Seventy Nine Thousand Three Hundred Twenty Six Dollars
- ($679,326). Not later than the fifth (5th) day of each calendar month the Contractor shall
submit -to the Owner's Representative, generally the architect if an architect is _retained on
the Work, a Request for Payment for work done during the previous calendar month.
i. The Request for Payment shall be in form of a standardized invoice or AIA
Document G702 -703 appropriately addressed to Owner's Representative at Orange
County and shall show substantially the value of work -done during the previous
.calendar- month.
ii. The amount due for payment shall be ninety percent (90 %) of the value of work
completed since the last Request for Payment and this amount shall be paid by the
Owner on or before the last business day of the month. Owner shall retain ten
percent (10 %).
1. Upon Owner's Representative's certification that seventy -five percent
(75 %) of the Work has been satisfactorily completed retainage shall be
reduced to five percent (5 %). Retainage may be- waived, at Owner's
Discretion, so long as work continues to be completed satisfactorily and on
schedule.
iii. Final payment shall not be due to the- Contractor until thirty (30) days after one
hundred percent (100 %) -of the Work, including punch list work, has been
satisfactorily completed and an appropriate affidavit as required in Section 7(c)
below has-been received by Owner.
b. Should Owner reasonably determine that Contractor has failed to perform the Work related
to a Request for Payment, Owner, at its discretion may provide the Contractor ten (10)
days to cure the breach. Owner may withhold the accompanying payment without penalty
until such time as Contractor cures the breach.
i. Should Contractor or its representatives fail to cure the breach within ten (10) days,
or fail to reasonably agree to such modified schedule, Owner may immediately
terminate this Agreement in writing, without penalty or incurring further obligation
to Contractor.
ii. This section shall not be interpreted to limit the definition of breach to the failure to
perform the Work related to a Request for Payment.
c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any
authority on the Work or the labor and materials used therein. It shall be the Contractor's
responsibility to furnish the Owner documentary evidence showing the materials used and
sales and use tax paid by the Contractor and each of its subcontractors.
6. INSURANCE AND BONDS
Revised December 2010
V
-a. Minimum requirements — The Contractor shall obtain, at its sole expense, all insurance
required under this Agreement and the Contractor shall not commence work until such
insurance is in force nor shall the _Contractor allow any Subcontractor to commence work
on its subcontract until all insurance required to be procured by Subcontractors hereunder
has been so obtained by or _for the Subcontractor. All required insurance shall be procured
from insurance companies licensed to do business in North Carolina with a Best's
Insurance Guide Rating of A- or better. Coverage for the following types of insurance
shall be maintained continuously during the life of the Project until .Final Completion of
the Work. Coverages shall be maintained continuously during the life of the Project until
Final Completion of the Work for the following types of insurance in the amounts listed
i. Worker's Compensation Insurance with limits for Coverage A Statutory - State of
North Carolina and Coverage B Employers Liability $500,000 each accident and
policy limit and disease each employee.
ii. Comprehensive General Liability and Property Damage Insurance ($500,000 Each
Occurrence; $1,000,OD0-Aggregate).
iii. Contractual Liability (Bodily Injury and Property Damage $500,000 Each
Occurrence; Property Damage $1,000,000 Aggregate).
iv. Personal Injury, with Employment Exclusion deleted ($1,000,000 Aggregate).
v. Comprehensive Automobile Liability insurance (Bodily Injury $100,000 Each
Person/Each Accident, $300,000 Each Occurrence; Property Damage $10 -0,000
Each Occurrence).
b. Additional Insured — The Owner shall be named as additional insured on all forms of
insurance except Worker's Compensation. Each certificate of insurance and policy
required hereunder, except the worker's compensation policy, shall bear the provision that
"The policy cannot be canceled or reduced in amount and that coverage cannot be
eliminated in less than thirty (30) days after mailing written notice to the Owner of such
alteration, cancellation, or elimination, the written notice to be sent by Certified Mail."
c. Performance Bonds — Contractor shall furnish bonds covering the faithful performance of
the Contract and payment of all obligations arising under any of the Contract Documents
or related in any way to the Work. Contractor shall immediately furnish a copy of such
bonds to any requesting person who appears to be a potential beneficiary of bonds
covering payment obligations arising under any of the Contract Documents.
7. INDEMNITY
a. The Contractor shall indemnify and hold harmless to the extent permitted by law the
Owner and its agents and employees from and against any and all claims, damages, losses
and expenses, including attorney's fees, arising out of or resulting from the performance or
nonperformance of the Work, provided that any such claim, damages, loss or expense (A)
is attributable to bodily injury, sickness, disease or death or injury to, or destruction of,
property, including the loss of use resulting therefrom; and (B) is caused in whole or in
part by any breach of any provision of the Agreement or by any negligent or wrongful act
or omission of the Contractor, any Subcontractor, or supplier of the Contractor, anyone
Revised December 2010 4
directly or indirectly employed by any of them or anyone for whose acts any of them-may
be liable. The indemnification obligation under this paragraph shall not be limited in any
way by any limitation of the amount-or type of damages, compensation or benefits payable
by or for the Contractor or any subcontractor under workers' compensation acts, disability
benefits acts or -other employee benefit acts.
b. The Contractor shall indemnify and hold harmless Owner from any lien of whatever type
through the purchase of appropriate bonds and insurance as designated in Section 6 above.
c. Upon completion of the Work the Contractor shall execute an affidavit stating there are no
unpaid debts for any work that has been -done or materials that have been fiunished to the
Project -prior- to and as- of the date of substantial completion and further stating that
Contractor shall indemnify, save and protect Owner and Owner's lender, if any, harmless
from and against any and all claims, liabilities, losses, damages, causes of action, and
expenses (including court costs and reasonable attorney's fees related thereto) arising out
of,_ in connection with, or resulting from any such debts and liens - in a form and substance
mutually acceptable to Owner_ and Contractor.
d..- By executing this Agreement Contractor agrees to .abide by and be bound by the
indemnification pro - visions of Section 7(c) above.
8. DISPUTE RESOLUTION AND GOVERNING LAW
a. Owner and Contractor agree that should a dispute arise as to the terms of the Contract
Documents the architect shall serve ns the initial decision - maker, unless there is _no
architect retrained on the project related to the Work. Owner and Contractor further agree
as follows:
i. If there is no architect retained for the Work, Owner and Contractor agree, prior to
the initiation of any civil litigation, to submit to mediation by agreeing on an
individual to serve as mediator to- mediate the dispute.
ii. Should the Owner and Contractor fail to mutually agree on an individual to serve as
mediator Owner may select a mediator to mediate the dispute.
iii. Any mediator selected under this section shall be an attorney licensed to practice
law in the State of North Carolina and shall be generally recognized as having
experience in mediating construction disputes.
iv. Owner and Contractor agree to equally share in the cost of a mediator selected
under this section.
b. The laws of the State of North Carolina shall apply to the interpretation and enforcement of
this Agreement. Any and all suits or actions to enforce, interpret or seek damages with
respect to any provision of, or the performance or nonperformance of, this Agreement or
the Contract shall be brought in the General Court of Justice of North Carolina sitting in
Orange County, North Carolina and it is agreed by the parties that no other court shall have
jurisdiction or venue with respect to such suits or actions.
c. Notice of any claim by Owner or Contractor must be initiated by written notice to the other
Party within thirty (30) days. of the occurrence of the event giving rise to the claim or
within thirty (30) days of the discovery of the event or condition giving rise to the claim,
whichever is later.
Revised December 2010 5
10
i. Should-any claim be made, regardless of whether such claim is made by Owner or
Contractor, Contractor shall continue to faithfully and diligently perform the Work
in such a manner -as to meet- all scheduled timelines. Any failure to faithfully and
diligently perform the Work may be deemed, by the Owner, a breach of the -
Contract.
ii. If -a claim is made such claim shall be made to the initial decision maker, if
applicable, who may request more supporting data, reject the claim in whole or in
part, approve the claim in whole or in part or advise the parties the claim is unable
to be resolved.
iii. If a claim is made by the Owner the Owner may, but is not obligated to, notify the
surety.
9. NON — APPROPRIATION
a. Contractor acknowledges that Owner is a governmental entity, and - the validity of this
Agreement is based upon the. availability of public finding under the authority of its
statutory mandate.
b. In the event- that public funds are unavailable and not appropriated for the performance of
_Owner's obligations-under this Agreement, then this Agreement shall automatically expire
without penalty, to Owner immediately upon written notice to -Contractor of the
unavailability and non - appropriation of public funds. It is expressly agreed that Owner
shall not activate this non - appropriation provision for its convenience or to circumvent-the
requirements of this Agreement, but only as an emergency fiscal measure during a
substantial fiscal crisis.
c. In the event of a change in the Owner's statutory authority, mandate and/or mandated
functions, by state and/or federal legislative or regulatory action, which -adversely affects
Owner's authority to conti=nue its obligations under this Agreement; then this Agreement
shall automatically terminate without penalty to Owner upon written notice to Contractor
of such limitation or change in Owner's legal authority.
10. NOTICES
Any notice required by this Agreement shall be in writing and delivered by certified or registered
mail, return receipt requested to the following:
Owner: Contractor:
Orange County Warren Hay Mechanical Contractors
Attn: Pam Jones 214 Millstone Drive
P.O. Box 8181 Hillsborough, NC 27278
Hillsborough, NC 27278
11. NUSCELLANEOUS
a. Duties. and Obligations imposed by the Contract Documents shall be in addition to any
Duties and Obligations imposed by state, federal or local law, rules, regulations and
ordinances.
b. No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or
duty granted them under the Contract Documents, nor shall any act or failure to act
constitute any approval except as specifically agreed in writing.
Revised December 2010 6
11
c. The Work shall be tested and - inspected as required by the Contract Documents and as
required by law. Unless prohibited by law .the costs of all such tests and inspections
related to state and federal codes such as ADA, Administrative, Electrical, Plumbing,
Mechanical -and Building -Codes shall be borne by the Contractor. The-costs for material
and structural -testing shall be conducted by an independent third parry at the expense of the
Owner. Delays related to any of the aforementioned tests and inspections shall not be
grounds for delaying the completion of the work. If any such tests and inspections reveal
deficiencies in the Work such that the Work does not comply with terms or requirements
of the Contract Documents and/or the requirements of any code or law the Contractor is
solely responsible for the cost-of bringing such deficiencies into compliance with the terms
of the Contract Documents and/or, any code or law.
d. Should the Architect; if -an architect is retained for the- project involving the Work, or
Owner reject any portion of the Work for failing to comply with the -Contract Documents
Contractor shall immediately, at Contractor's expense, . correct the' Work. Any such
rejection may be made before or after substantial completion. If applicable, any additional
expense bome by the Architect under this- section shall be paid at Contractor's expense.
e. The Contractor shall- not assign any portion of this Agreement nor subcontract the Work in
its entirety without the prior written- consent of the Owner.
12. CONSEQUENTIAL AND LIQUIDATED DAMAGES
a. Owner and Contractor mutually waive any claim against each other for consequential
damages. Consequential Damages include:
i. Damages incurred by Owner for loss of use, income, financing, or business.
ii. Damages incurred by Contractor for office expenses, including personnel, loss of
financing, profit, income, business or damage to reputation.
b. Liquidated damages shall be in accord with the Contract Documents.
13. TERMINATION OR SUSPENSION
a. The Owner may, without cause, order the Contractor to terminate, suspend, delay or
interrupt the Work in whole or in part for such period of time as the Owner may determine.
In the event of termination by the Owner under this Agreement, the Contractor shall be
entitled to receive its reasonable and documented direct costs prior to termination,
including the cost of materials purchased for the Work which purchases cannot be canceled
or which material cannot reasonably be used by the Contractor on other work, and the cost
of closing down the work in a safe and efficient manner.
i. If Owner orders a delay, suspension or interruption of the Work, and such order is
not due to or as a result of any fault on the part of the Contractor, the Contractor
may recover a per diem amount at a rate calculated by a flat rate of $200 per day.
ii. If Contractor elects to accept the amount listed in the General Conditions provision
of the Construction Documents Contractor waives any right to further claims for
payment of damages sustained as a result of Owner's order to delay, suspend or
Revised December 2010 7
12
interrupt the Work.
b. Contractor may terminate the Contract if, at the O- vner's written direction, the Work is
stopped for thirty (30) consecutive days through no act or fault of the Contractor, their
agents or employees, or a subcontractor or their agents or employees or any other person
performing work pursuant to the Contract Documents. Contactor may terminate the
Contract if a Court or other Public authority having jurisdiction enters a lawful order that
requires all work to be stopped and such stoppage lasts for thirty (30) consecutive days.
14. ENTIRE AGREEMENT
All of the documents listed, referenced -or described in this Agreement, the written Notice -to-
Proceed, together with Modifications made or issued in accordance herewith are the Contract Documents,
and the work, labor, materials and completed construction required by the Contract Documents and all
parts thereof is the Work. The Contract Documents constitute the entire agreement between Owner and
Contractor. This Agreement may be amended only by written instrument signed by both parties.
Modifications may be evidenced by facsimile signatures. If any provision of the Agreement .shall be
declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect.
IN WITNESS WIIEREOF, the Parties hereto have executed this Agreement as of the day_ and
date first above written in a number of counterparts, each of which shall, without proof or accounting for
other counterparts, be deemed an original contract.
ORANGE COUNTY CONTRACTOR
Signature Signature
Bernadette Pelissier, Chair
Orange -County Board of Commissioners
Attest: Printed Name and Title
Donna Baker, Clerk to the Board
This instrument has been approved as to technical content.
Department Director
This instrument has been pre - audited in the manner required by the Local Government Budget and Fiscal
Control Act.
Office of the Finance Director
This instrument has been approved as to legal form and sufficiency.
Revised December 2010
13
Office of the County Attorney
Revised December 2010
�=.", Y- - /J
(6 1G
discussion about this and the commitment to support the Chapel Hill Town Library as part of the
discussion of siting another branch.
Chair Pelissier said that she supports the motion, but she commented that the County
Commissioners asked the County Manager to find sites that could be purchased, and at that
time there were no other sites available.
VOTE: UNANIMOUS
b. UNC Department of City & Regional Planning Proposal on UNC -CH Spin -Off
Companies
The Board considered a proposal from the UNC Department of City and Regional
Planning to complete a study documenting the real estate needs of entrepreneurial companies
originating from the University and provide concrete recommendations on how to better retain
spin -off companies in Orange County and authorizing the Manager to execute the contract for
the study.
Frank Clifton said that there has been discussion about how the County could reach out
and capture more of the startup companies that are spinning out of UNC's entrepreneurial
opportunities.
Commissioner Hemminger said that this is a fabulous opportunity.
A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs
to approve a proposal from the UNC Department of City and Regional Planning to complete a
study documenting the real estate needs of entrepreneurial companies originating from the
University and provide concrete recommendations on how to better retain spin -off companies in
Orange County and to authorize the Manager to execute the contract for the study.
VOTE: UNANIMOUS
C. Central Efland and Northern Buckhorn Sewer Extensions — Fundin
(Including Budget Amendment #1 -A) and Bid Award and Construction
The Board considered multiple actions related to the funding and construction of the
Central Efland and Northern Buckhorn sewer system.
Craig Benedict reviewed this item.
BACKGROUND: These sewer projects have been in process of funding since 1997 and
design since 2004. The projects have now been permitted and approved by the state (SRF
Loan Project No. CS370884 -01) and Federal EPA (STAG Project No. XP95456411 -01).
The following is an outline of the proposed BOCC actions related to these projects. There
are two main project aspects — Funding and Bid Award /Construction. Many of these
funding actions have been noted this year in previous Board agenda items (June 7th and
June 21St, 2011). The abstract notes each aspect and the recommendations are detailed on
the last page.
A. Funding
1. Acceptance of EPA Special Appropriations Grant Funds for Construction of the
Central Efland & North Buckhorn Sewer Improvements;
2. Acceptance of Central Efland — Phase 2 Northern Buckhorn Sewer Systems
State Revolving Loan; and
3. Approval of Budget Amendment #1 -A.
B. Bid Award and Construction
1.a. Authorize the County Manager to enter into an agreement regarding the
withdrawal of the bid submitted by Triangle Grading & Paving of Burlington,
North Carolina;
1.b. Resolution of Award awarding the bid to J.F. Wilkerson of Morrisville, North
Carolina at a cost of $2,942,954.46;
2. Authorize the Manager to execute change orders up to $250,000;
3. Authorize the Chair to sign the Resolution of Award on behalf of the Board;
4. Approve and authorize the Chair to sign the contract on behalf of the Board,
pending execution of bonds, insurance and County Attorney approval; and
5. Authorize related alternate engineering design.
A.1 ACCEPTANCE OF EPA SPECIAL APPROPRIATIONS GRANT FUNDS FOR
CONSTRUCTION OF THE CENTRAL EFLAND & NORTH BUCKHORN SEWER
IMPROVEMENTS
PURPOSE: To consider accepting the EPA Special Appropriations (SPAP) grant funds for
construction of the Central Efland and North Buckhorn Sewer Improvements.
BACKGROUND: In both 2003 and 2005, Congressman David Price worked to receive funding
totaling $900,000 and $500,000 respectively in the EPA's SPAP program. Since that time, the
County has worked through the appropriate processes and was given a Notice of Award for
these two grants in December 2010 (Attachment 1) which was conditionally affirmed pending
Capital Investment Plan (CIP) and companion loan acceptance.
The net of the two EPA SPAP grants is $1,348,400. Because the EPA delegates a large
amount of review authority for grant funded projects to the State's Construction Grants & Loans
division of North Carolina Department of Environment and Natural Resources (NCDENR), the
State receives a percentage of the grant to cover the administrative costs.
Because County financial policy requires the BOCC to formally accept grant funds prior to
expenditure, staff is requesting that the BOCC approve acceptance of these grant funds for the
purpose of constructing the Central Efland and North Buckhorn Sewer Improvements. The
grant funds will provide approximately 1/3 of the total construction costs and are a vital
financing component for this project. In addition, these funds have already been incorporated
into the County's CIP as part of this project.
FINANCIAL IMPACT: Accepting these funds will provide $1,348,400 towards the construction
of the Central Efland and North Buckhorn Sewer Improvements.
A.2 CENTRAL EFLAND — PHASE 2 NORTHERN BUCKHORN STATE REVOLVING LOAN
SEWER FUNDING
PURPOSE: To ratify a Resolution reiterating the Board's decision from June 21, 2011,
approving the offer of a State Revolving Fund (SRF) Loan to fund the construction of the Efland
and North Buckhorn sewer extensions.
BACKGROUND: The BOCC was previously presented with the opportunity to accept a SRF
loan in the amount of $3,500,000 for the construction of sewer improvements in the Efland and
North Buckhorn communities. The loan is from the North Carolina Department of Environment
and Natural Resources. The BOCC approved this loan offer on June 21, 2011. Since that
time, staff has been notified that in order to formally accept the loan, the loan approval must
take the form of a Resolution.
Attachment 2 is a Resolution, dated June 21, 2011, that states the BOCC's acceptance of the
SRF loan and conditions. Staff requests the BOCC ratify this Resolution to formally accept the
SRF loan on Project No. CS370884 -01, STAG Project No. XP9545641 1 -0 1.
FINANCIAL IMPACT: As noted in the abstract from the Board's June 21, 2011 meeting, there
is a $70,000, or 2 %, closing fee for the SRF loan that will be due in September. The payments
for the SRF loan are anticipated to begin approximately in June 2013, or six months after
construction is complete. The annual loan payments would be approximately $225,000. Both
the closing fee and the debt service payments are included in the County's Capital Investment
Plan.
A -3 BUDGET AMENDMENT # 1 -A
Total estimated project costs included in the Capital Investment Plan were $4,727,101, which
did not include the $475,000 planned for the McGowan Creek Pump Station planning for
FY2012 -13. Since receiving very aggressive bids for the Central Efland /North Buckhorn
Project, both projects can be combined with the McGowan Creek Pump Station Project with an
overall project cost of $4,848,400. Budget Amendment #1 -A below provides details of the
proposed budget.
Central Efland and Northern Buckhorn Sewer Project:
Project # 30042
Revenues for this ro'ect:
Annronriated for this oroiect:
FY2010 -11
Amendments
Aug. 23, 2011
Amendment
FY 2011 -12
Revised
EPA SPAP Grant
$1,348,400
$1,348,400
State Revolving Loan Funds
3,500 000
3,500,000
Other
25,000
25,000
Total Project Revenues
1
$4,848,400
$4,848.400
Annronriated for this oroiect:
The larger budget amount in excess of the bid award will be explained below in section B.5.
B. BID AWARD AND CONSTRUCTION
PURPOSE: B.1.a — To authorize the County Manager to enter into an agreement regarding
the withdrawal of the bid submitted by Triangle Grading & Paving of Burlington, North Carolina,
and B.1.b — to consider awarding a bid to J.F. Wilkerson of Morrisville, North Carolina for the
construction the Central Efland and Northern Buckhorn Sewer Extensions.
BACKGROUND: The County has been working towards construction of an extension to the
Efland sewer system and an extension of the City of Mebane's sewer system into the Northern
Buckhorn community. The work for this project involves the construction of approximately
Prior Years
Amendment
Aug. 23, 2011
Amendment
FY 2011 -12
Revised
Professional Services
$ 519,000
$ 519,000
Construction
4,304,400
4 304 400
Other
25,000
25,000
Total Project Appropriation
$4,848,400
$4,848,400
The larger budget amount in excess of the bid award will be explained below in section B.5.
B. BID AWARD AND CONSTRUCTION
PURPOSE: B.1.a — To authorize the County Manager to enter into an agreement regarding
the withdrawal of the bid submitted by Triangle Grading & Paving of Burlington, North Carolina,
and B.1.b — to consider awarding a bid to J.F. Wilkerson of Morrisville, North Carolina for the
construction the Central Efland and Northern Buckhorn Sewer Extensions.
BACKGROUND: The County has been working towards construction of an extension to the
Efland sewer system and an extension of the City of Mebane's sewer system into the Northern
Buckhorn community. The work for this project involves the construction of approximately
5,370 linear feet of 8 inch gravity sanitary sewers to serve the Buckhorn Area north of 1 -85 and
19,514 linear feet of 8 inch gravity sewers with a 250 G.P.M. Pump Station and 2,460 linear feet
of 6 inch ductile iron force main to serve the Efland Community. Bids for this project were
advertised and received on June 23, 2011. Nine bidders submitted responses to the solicitation
including Triangle Grading & Paving.
Subsequent to the opening of the bids on June 23, 2011, a difference of opinion arose between
Triangle Grading & Paving and County Staff over the parties' respective rights and obligations
arising out of the bidding process. In order to avoid a legal dispute, Staff has recommended
that Triangle Grading and Paving's bid be deemed to have been timely withdrawn, without
penalty of forfeiture of its bid bond.
B.1.b: To consider a Resolution awarding the construction contract for Central Efland Phase 2
and North Buckhorn sewer system extensions to J. F. Wilkerson Contracting Company.
BACKGROUND: Bids were received for this project (Project No. CS370884 -01, STAG Project
No. XP- 95456511 -0) on June 23, 2011. After a period of review of the bid documents by the
County's engineering consultant, Coulter, Jewell, Thames, and due diligence investigation by
County staff, J.F. Wilkerson Contracting Company was determined to be a responsive,
responsible bidder for this project. With the agreed to withdrawal of Triangle Grading &
Paving's bid, J.F. Wilkerson Contracting Company becomes the lowest, responsive and
responsible bidder for this project.
Because this project is funded by both an EPA Special Appropriations Grant and a State
Revolving Fund Loan, the State Construction Grants & Loans (CG &L) office must review the bid
documents and other information regarding the project prior to issuing an "Authority to Award"
notice to the County. The deadlines imposed by the SRF Loan process required that Orange
County be issued the "Authority to Award" from the State CG &L office on or before August 1,
2011, or risk losing the SRF Loan funds. As a part of the Project Bid Information packet, the
CG &L office typically requires that the governing board adopt a Resolution of Tentative Award,
which says the board intends to award the contract to the lowest, responsible, responsive
bidder once given the "Authority to Award" from the State.
In this case, however, the BOCC was on summer breaks when the bids came in. This meeting
is the first opportunity available for the Resolution of Tentative Award. The CG &L office has
granted the County a variance from its normal procedure by allowing the BOCC to adopt the
Resolution of Award now, after the Authority to Award had been issued by the State on August
1, 2011. Therefore, the Resolution before the Board is a Resolution of Award rather than a
Resolution of Tentative Award because the State has already reviewed the contractor choice
and issued the Authority to Award.
This Resolution, along with the actual contract and supporting documents, will be submitted to
the State CG &L office for review. Submission and approval of the contract documents and this
Resolution are required in order to meet the next funding deadline on September 1, 2011.
J.F. Wilkerson submitted the lowest responsible bid that was responsive. A copy of the
tabulation is Attachment 3. The Resolution of Award is Attachment 4. If the Board awards this
bid, a notice to proceed will be issued in mid - September with an estimated completion date of
December 2012.
B -5 RELATED ALTERNATE 'OUTFALL' ENGINEERING DESIGN
After strategic review of the existing and proposed sewer systems in Efland, an alternative
engineering design may create short and long term benefits in costs and service area. A brief
explanation follows.
The present Efland sewer system flows by gravity to the existing McGowan Creek Lift Station
(MCLS) built in 1988 near Efland -Cedar Grove Road. From this collection point sewage is then
a pumped via a sewage force main to the Town of Hillsborough for treatment. The Central
Efland Phase II (area east of and downstream from the MCLS) proposes a new sewage lift
station on Brookhollow Road (BRLS) which collects a new service area that flows by gravity to
this new station that is then pumped 'upstream' to the old MCLS.
Since the proposed BRLS is 'downstream' from the old MCLS, a new gravity sewer main or
interceptor can be designed to allow existing sewer flows to flow through (without pumping) the
MCLS and continue through this new gravity line (approximately 2,000 LF) to the BRLS. This
alternate design accomplishes several goals:
1. Eliminates the need for a new lift station (BRLS) to pump to an old lift station (MCLS)
which is in need of approximately $400,000 of repair.
2. Creates a new interceptor service area (consistent with the Efland- Mebane Small Area
Plan) for additional property and customers that were not included in the original design.
3. Reduces the distance of pumping to Hillsborough since the BRLS is closer and
eventually can be the one- lift station instead of two (major reduction in maintenance and
operating costs) that changes pumping direction to another treatment system.
4. Removes the old MCLS function which is close to McGowan Creek.
There are two funding sources for this project- $3.5 million from the State Revolving Loan Fund
and a grant of $1,348,400 from an EPA SPAP Grant. The State agrees monies from the SRF
loan can be used to expend on this alternate which enhances the existing and proposed
systems. Projected monies from EPA and SRF sources can accommodate the original and
alternate design because of lower construction bids. The difference between the bid and the
budget is reserved for this alternate project. This alternate design still needs to be engineered,
permitted and bid and, if at all possible from a timing standpoint, coordinated into the proposed
project.
The design for this work will begin as soon as a design and construction administrator is
chosen. A separate bid for construction will be necessary at a later date. Whether design and
permitting can 'catch up' to the present work is not yet known. In any event, this proposed
design enhancement will provide a system that can be more efficiently operated.
FINANCIAL IMPACT: There is no financial impact from approving the Resolution of Award.
The contract with J.F. Wilkerson Contracting Company is for $2,942,954.46 and has been
accounted for in the County's CIP and is within budgeted amounts.
RECOMMENDATION(S): The Manager recommends that the Board:
A. Funding
1. Accept the EPA Special Appropriations Grant Funds for Construction of the
Central Efland & North Buckhorn Sewer Improvements (Attachment 1)
2. Ratify the Resolution noting acceptance of Central Efland — Phase 2 Northern
Buckhorn Sewer Systems State Revolving Loan (Attachment 2)
3. Approve Budget Amendment #1 -A
B. Bid Award and Construction
1.a. Authorize the County Manager to enter into an agreement regarding the
withdrawal of the bid submitted by Triangle Grading & Paving of Burlington,
North Carolina;
1.b. Approve the Resolution of Award awarding the bid to J.F. Wilkerson of
Morrisville, North Carolina at a cost of $2,942,954.46;
2. Authorize the Manager to execute change orders up to $250,000;
3. Authorize the Chair to sign the Resolution of Award (Attachment 4) on behalf
of the Board;
4. Approve and authorize the Chair to sign the contract on behalf of the Board
(Attachment 5), pending execution of bonds, insurance and County Attorney
approval (bid unit prices are available in the Clerk to the Board's office); and
5. Authorize staff to proceed with related alternate engineering design.
Central Efland Phase 2 and
North Buckhorn Sewer Projects
SRF Loan Project # CS370884 -01
STAG Project # XP9545641 1 -01
Map of Central Efland
Scope of Sewer Projects
- Central Efland Phase 2
0 19,500 LF of 8" gravity
0 250 GPM Sewage Pump Station
o 2460 LF 6" Force Main
- North Buckhorn
o 5370 LF of 8" gravity
Central Efland and North Buckhorn
Sewer Improvements
Outline of Abstract
- Funding Background
- Bid Award and Construction
Central Efland and North Buckhorn
Sewer Projects
- Bid Award and Construction Oversight, etc. Team
• Michael Talbert, Interim Assistant County Manager
• Craig Benedict, Planning & Inspections Director
• Kevin Lindley; Engineer
• Susan Mellott, Building Official
• Pam Jones, Asset Management Services Director
• Jeff Thompson, Value Engineer
• Clarence Grier, Financial Services Director
• David Cannell, Purchasing Agent
• Sahana Ayer, Staff Attorney
• Debra Graham & Tina Love, Administrative Assistant II
Construction /Design Oversight
- Construction Administration (CA)
- Augmented Design Work
o McGill Associates
Orange County Representatives
• Jeff Thompson, Asset Management Services
■ Owner Construction Liaison
• Kevin Lindley /Craig Benedict, Planning Department
■ Owner Design Liaison
• Susan Mellott, Inspections
■ Owner Field Liaison
Funding Background
1. Acceptance of EPA Special Appropriations Grant (STAG) Funds for Construction
(Attachment 1)
2. Acceptance of Central Efland — Phase 2 Northern Buckhorn Sewer Systems State
Revolving (SRF) Loan (Attachment 2)
3. Approval of budget amendment
( #1 -A is within abstract)
Budget Amendment #1 -A (table)
Bid Award /Construction Aspects
1.a. Authorize Manager to enter into an agreement regarding withdrawal of the
bid submitted by Triangle Grading & Paving of Burlington, North Carolina;
1.b. Award the bid to J.F. Wilkerson of Morrisville, North Carolina at a cost of
$2,942,954.46;
2. Authorize the Manager to execute change orders up to $250,000.00;
3.Authorize the Chair to sign the Resolution of Award on behalf of the Board, (Attachment 4)
4.Authorize the Chair to sign the contract on behalf of the board, pending execution of bonds,
insurance and Attorney approval, (Attachment 5)
5.Proceed with related alternate outfall engineering design.
Frank Clifton said that there are the grant funds for this and the rest is through a loan
through the State revolving loan fund and the interest rate is 2 + %. These loans were obligated
in the prior year's budget.
Craig Benedict went over the recommendations.
Commissioner Gordon made reference to the improvements and the water going to
Mebane eventually. She asked what would be the type of system to get the water to Mebane
and Craig Benedict said that it would be a forced main because it would have to be pumped
uphill to Gravelly Hill Middle School.
Commissioner Gordon asked about the McGowan Creek lift station and asked, in the
large scheme of things ( "the super long term ") if that is equally effective to any other alternative.
Frank Clifton said that they have tried to deal with both the short-term and the long -term
issues. The McGowan Creek lift station has to be repaired right away. The Town of
Hillsborough has repeatedly denied any interest in long -term acquisition of this area for the
utility system. The discussions with the City of Mebane have been very positive.
Commissioner Gordon wants to be sure that the County is planning for the super long-
term. She wants to make sure that this alternative is the best for the super long -term.
Frank Clifton said that his long -term is the super long -term.
to:
A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger
A. Funding
1. Accept the EPA Special Appropriations Grant Funds for Construction of the
Central Efland "and North Buckhorn Sewer Improvements (Attachment 1 in
abstract).
2. Ratify the resolution noting acceptance of Central Efland -Phase 2 Northern
Buckhorn Sewer Systems State Revolving Loan (Attachment 2 in abstract).
3. Approve Budget Amendment #1 -A.
B. Bid Award and Construction'
1 a. Reject the bid "submitted by Triangle Grading and Paving of Burlington, N.C.;
1b. Approve the Resolution of Award awarding the bid to J.F. Wilkerson of
Morrisville, N.C. at a cost of $2, 942, 954.46;
2. Authorize the Manager to execute change orders up to $250,000;
3. Authorize the Chair to sign the Resolution of Award on behalf of the Board;
4. Approve and authorize the Chair to sign the contract on behalf of the Board,
pending execution of bonds, insurance and County Attorney approval ( bid unit prices
are in the Clerk to the Board's office); and
5. Authorize staff to proceed with related alternate engineering outfall design.
VOTE: UNANIMOUS
d. Performance Aqreement with Town of Chapel Hill and Visitors Bureau
The Board considered reviewing and authorizing the Manager to sign the 2011 -12
performance agreement between the Town of Chapel Hill and the Visitor's Bureau and
authorizing the Manager to sign the agreement.
Laurie Paolicelli from the Chapel Hill Visitors Bureau gave a brief overview of this
process. This agreement is in terms of the Occupancy Tax. She went through the background
information. Senate Bill 622, Chapter 392, of the 1991 Session laws makes provisions for both
the Orange County Board of Commissioners and Town of Chapel Hill, by resolution, to levy a
room occupancy tax of up to three percent (3 %) on any accommodation in the County. It
directs that at least ten percent (10 %) of the annual revenues be used to provide funding for
visitor information services and to support cultural events. Orange County has funded the
Visitors Bureau since 1992. The Visitors Bureau, since FY 1994 -95, has received an annual
a �.� mod` /- �•��' g'�
C. Bid Award: Link Center Geothermal HVAC and Approval of Budget
Amendment # 1 -13
The Board considered awarding the bid and approving a construction contract to
Warren Hay Mechanical, Hillsborough, NC, in the amount of $679,326 for the installation of
geothermal HVAC system a John M. Link, Jr. Government Services Center to replace the
existing system and authorize the Chair to sign subject to final review by the County Attorney.
Asset Management Services Director Pam Jones said that the Board authorized the
staff on May 17th to move forward with this project and to receive bids. The County received
five bids and the abstract includes the bid tabulation. The bids ranged from $1,073,700 to
$773,626. Of those bids, the lowest responsible bidder was Warren Hay Mechanical. Staff
looked at a value engineering package, which further reduced the bid amount without changing
anything substantial. This is above the cost estimates and staff is recommending moving
forward with a budget amendment in the amount of $192,243. The project is expected to begin
October 1St and should be finished by the end of March.
The staff update is shown below:
Proposed Geothermal Wells at Link Government Services Center - Update
DEAPR staff examined the plans for the proposed geothermal wells at the Link Government
Services Center as part of Asset Management Services' capital building project pre -
development design and regulatory review process. After conducting the appropriate due
diligence it is staff's opinion that a cultural and archaeological survey of the property is not
warranted at this time. A detailed cultural and archaeological survey of the surrounding
property will be needed, however, when the geothermal well system is linked to other
government buildings in the area, as contemplated in the larger community geothermal system
that may involve the Jail, the Old Courthouse, Government Services Annex, and Court Street
Annex.
It is staff's understanding that the total area that will be disturbed by this initial phase of the
project is approximately 16,000 square feet, and virtually all of that area is now paved. Early
maps of the area show no structures in the area of disturbance. Moreover, the Link Center
property received considerable grading during its construction in 1992 and is not likely to
contain significant archaeological resources.
DEAPR conferred with the Office of State Archaeology (OSA) for review and guidance on this
project. The OSA staff recommended examining topographic maps, historic Hillsborough
maps, and the findings from a previous archaeological investigation prior to an expansion of the
nearby Justice Facility. After reviewing the findings the Deputy State Archaeologist determined
that the location for the proposed geothermal wells appears to have been too disturbed during
previous construction to have the potential to contain significant archaeological resources. She
advised that further archaeological investigations are not recommended for this project, but
agreed that a survey of the surrounding properties should be conducted prior to linking the
geothermal well system to other buildings in the area.
DEAPR shared its findings and the recommendations of the Office of State Archaeology with
the Orange County Historic Preservation Commission. The consensus of that group was that
no survey of the property would be warranted until further ground- disturbing activities are
needed to connect the geothermal wells to other government buildings.
DEAPR shared its findings and the recommendations of the Office of State Archaeology with
the Town of Hillsborough's Historic District Commission (HDC). The HDC reviewed the project
plans and asked questions following a presentation by the project contractor. The HDC was
satisfied that no archaeological survey was necessary and issued the County a Certificate of
Appropriateness for the project.
Had early maps revealed the presence of structures in the area of disturbance, staff would have
recommended conducting a Phase I cultural resources survey and /or having a qualified
archaeologist' on site to monitor the drilling process. DEAPR received a precursory estimate of
$6,000 - $11,000 to monitor the drilling process from Legacy Research Associates —the
archaeological firm that surveyed the Justice Facility expansion project. DEAPR does not,
however, feel that expenditure of funds is justified given what we know about this project.
DEAPR would rather spend funds on a survey of the surrounding properties should the project
result in the need for ground disturbance for tying in other buildings to this geothermal well
project.
Commissioner Jacobs asked when the County Commissioners would get to tour the
new justice facility. Pam Jones said that she would speak to the judge again. There was
something set up and then it got cancelled.
Commissioner Jacobs said that he thought that during the CIP discussions, the County
Commissioners talked about investing in the Link Center and whether there could be a phased
approach to using a meeting room where it was planned before. He asked what happened to
this.
Pam Jones said that the Board asked them to put the meeting room on hold and it is
on hold for the time being. There was not consensus to move forward with phasing in this
room.
Commissioner Yuhasz said that he also recollected the same as Commissioner Jacobs
about the phased in plan, but it was not possible. He reiterated that this project does not need
to fall too far down the CIP.
Commissioner Hemminger asked about the system and why it is so expensive.
Pam Jones explained that this is a large and old building and they have run out of
band -aids to hold the existing system together. It is a 1992 system and has aged out. The
direction from the Board is to look at sustainability first. There is an eight -year payback for the
10% up front. She said that a geothermal system should be the standard because there it is a
50 -year system. She commended the County Commissioners for taking the long -view.
Commissioner Hemminger said that she wanted to get this explanation on record for
the citizens to hear so that they understand.
Frank Clifton said that about $180,000 of this project is being paid for with a federal
energy grant.
A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs
to approve awarding the bid and approving a construction contract to Warren Hay Mechanical,
Hillsborough, NC, in the amount of $679,326 for the installation of geothermal HVAC system at
John M. Link, Jr. Government Services Center to replace the existing system and authorize the
Chair to sign subject to final review by the County Attorney.
John Roberts said that this agenda item has a sample contract, but he has some
concerns about this particular contract. He said that the motion needs to authorize the Chair to
sign the contract contingent upon successful negotiation of the contract with the contractor,
rather than subject to Attorney review, contingent upon successful negotiation of the contract
with the contractor. This is bullet #3.
Frank Clifton said that there are some related issues with the contractor that need to be
addressed, so he concurred with the Attorney.
Commissioner Hemminger and Commissioner Jacobs accepted the amended motion.
VOTE: UNANIMOUS
9. Reports
a. Economic Development Potential and One - Quarter (1/4) Cent Sales Tax
Educational Material Report
The Board received a report from Planning and Economic Development staff and
consultant Obrien /Atkins Associates on economic development potential and One - Quarter (1/4)
Cent Sales Tax educational material.
Frank Clifton said that this project was initiated by Gary Shope before he left. Dottie
Schmitt has picked this up.
Planning and Inspections Director Craig Benedict presented this item. He introduced
Jay Smith with Obrien /Atkins and Dottie Schmitt with Economic Development. He said that he
and Gary Shope put together some ideas about how to talk about development and bring a
visual to the plan. The thought was that a consultant (Obrien /Atkins) could help in this process.
Jay Smith from Obrian /Atkins said that they did a site analysis so that they understand
where they can plan.
Economic Development Potential
And
One Quarter Cent Sales Tax
Educational Material Report
Planning and Economic Development Departments
And Obrien /Atkins Associates, PA
Outline of Presentation
Draft for Input
1. Introduction (Planning)
2. Planning Study (O'Brien /Atkins)
3. Economic Development Tools (Economic Development)
4. Wrap Up Discussion (Manager)
Introduction
- Comprehensive Plan
- Land Use Location
- Zoning Application
- Master Concept Planning (Hypothetical)
- Development Potential
Planning Process
- Site analysis
- Regulatory review
- Concept diagrams
- Develop Alternatives